In re Jessica W.

Appellate Division of the Supreme Court of New York

In re Jessica W.

93 A.D.3d 438, 938 N.Y.S.2d 896

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 6, 2012

StatusPublished

This text of 93 A.D.3d 438 (In re Jessica W.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Jessica W., 93 A.D.3d 438, 938 N.Y.S.2d 896 (N.Y. Ct. App. 2012).

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Opinion

Order, Family Court, Bronx County (Peter Kuper, Ref.), entered on or about January 19, 2011, which, after a hearing, granted the paternal grandmother’s petition for custody of the subject child, with visitation to respondent mother, unanimously affirmed, without costs.

Family Court properly found that extraordinary circumstances existed and that it was in the child’s best interests to grant custody to petitioner (see Matter of Bennett v Jeffreys, 40 NY2d 543 [1976]). The record shows that the child has lived with petitioner for most of her life and has thrived under her care (see Matter of Shemeek D. v Teresa B., 89 AD3d 608, 609 [2011]). By contrast, there was a finding of neglect against respondent mother based on her mental illness, which has persisted and prevented the child from developing a trusting and loving relationship with respondent. Concur — Mazzarelli, J.P., Friedman, Acosta, Freedman and Abdus-Salaam, JJ.

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Order, Family Court, Bronx County (Peter Kuper, Ref.), entered on or about January 19, 2011, which, after a hearing, granted the paternal grandmother’s petition for custody of the subject child, with visitation to respondent mother, unanimously affirmed, without costs.

Family Court properly found that extraordinary circumstances existed and that it was in the child’s best interests to grant custody to petitioner (see Matter of Bennett v Jeffreys, 40 NY2d 543 [1976]). The record shows that the child has lived with petitioner for most of her life and has thrived under her care (see Matter of Shemeek D. v Teresa B., 89 AD3d 608, 609 [2011]). By contrast, there was a finding of neglect against respondent mother based on her mental illness, which has persisted and prevented the child from developing a trusting and loving relationship with respondent. Concur — Mazzarelli, J.P., Friedman, Acosta, Freedman and Abdus-Salaam, JJ.

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Bluebook (online)

93 A.D.3d 438, 938 N.Y.S.2d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jessica-w-nyappdiv-2012.

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